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Intellectual Property: Valuation, Exploitation, and Infringement Damages, 2016 Cumulative Supplement

ISBN: 978-1-119-23902-4
448 pages
February 2016
Intellectual Property: Valuation, Exploitation, and Infringement Damages, 2016 Cumulative Supplement (1119239028) cover image

Description

Up-to-date, expert guidance and a valuable tool kit for IP valuation

Intellectual Property, Valuation, Exploitation, and Infringement Damages provides practical tools and expert clarification for the valuation of intangible assets. This new 2016 Cumulative Supplement contains the latest laws, regulations, and practices surrounding licensing and joint ventures, with practical analytical models that simplify the calculation of royalties and equity splits. As a companion to the comprehensive Intellectual Property, this book provides invaluable guidance toward the investment aspects, business strategies, taxes, and accounting practices involved in intellectual property protection and profit, to help licensing professionals structure optimal arrangements and mitigate risks. Written by leading experts in the intellectual property realm, this guide is a must-have resource for anyone working with intangible assets.

Intellectual property is more than a simple profit center; to many owners, it's the cornerstone of their organization, and must be rigorously protected and exploited to the fullest extent. This book provides clear guidance on valuation, which is the foundation of a successful IP strategy.

  • Define the value of intangible assets in real-money terms
  • Examine the business economics of licensing and joint venture strategies
  • Understand the relevant legal, tax, and accounting practices
  • Determine fair royalty rates and equity splits

Patents, trademarks, formulas, copyrights, brand names, distribution systems—all fall under the intellectual property umbrella, and each might be the competitive edge upon which a business is built. Intellectual property can cost hundreds of millions of dollars to create, and is often irreplaceable with no substitute or alternative available, making it an organization's most important asset. Protect it properly, and reap every ounce of profit it can produce with the important guidance in Intellectual Property, Valuation, Exploitation, and Infringement Damages, 2016 Cumulative Supplement.

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Table of Contents

PREFACE xix

PART I VALUATION 1

CHAPTER 1A INTELLECTUAL PROPERTY LANDSCAPE (NEW) 3

CHAPTER 1B U.S. CONGRESS FLIRTS WITH DISASTER (NEW) 25

CHAPTER 12A RISK-ADJUSTED CASH FLOWS (NEW) 32

CHAPTER 12B DEALING WITH RISK AND UNCERTAINTY IN INTELLECTUAL PROPERTY VALUATION AND EXPLOITATION (NEW) 51

CHAPTER 14A RIGHTS OF PRIVACY, PUBLICITY, AND CELEBRITY PERSONA (NEW) 81

CHAPTER 14B INTELLECTUAL PROPERTY AND INTANGIBLE ASSET VOLATILITY (NEW) 95

PART II LICENSING 101

CHAPTER 27A ROYALTY RATES AND LICENSE FEES FOR TECHNOLOGY (NEW) 103

CHAPTER 27B LICENSE FEES AND ROYALTY RATE FREQUENCY FOR TECHNOLOGY (NEW) 115

CHAPTER 27C ROYALTY RATES AND LICENSE FEES FOR PHARMACEUTICALS AND
BIOTECHNOLOGY (NEW) 121

CHAPTER 27D LICENSEE FEES AND ROYALTY RATES FOR TECHNOLOGY UPDATE (NEW) 129

CHAPTER 33A THE MAGNITUDE AND MEANING OF ROYALTY MISREPORTING (NEW) 134

CHAPTER 33B INTELLECTUAL PROPERTY AUDIT AND MANAGEMENT (NEW) 146

CHAPTER 35A QUANTIFYING REASONABLE ROYALTIES: THE ENTIRE MARKET VALUE RULE (NEW) 167

CHAPTER 35B NEW GUIDANCE ABOUT APPORTIONMENT (NEW) 178

CHAPTER 35C LOST PROFITS FOR NEW BUSINESSES (NEW) 188

CHAPTER 45 NEW MEASURE OF INFRINGEMENT DAMAGES—FUTURE DAMAGES (NEW) 194

CHAPTER 45A CONTINUALLY EVOLVING PATENT DAMAGES (NEW) 208

CHAPTER 45B THE 25% RULE IS DEAD (NEW) 222

APPENDIX G MORE SAMPLE ROYALTY RATE INFORMATION (NEW) 225

APPENDIX H TRADEMARK ROYALTY RATES (NEW) 253

APPENDIX H-A MORE TRADEMARK AND COPYRIGHT ROYALTY RATES (NEW) 271

APPENDIX I PHARMACEUTICAL AND BIOTECHNOLOGY ROYALTY RATES (NEW) 309

APPENDIX J TELECOMMUNICATIONS ROYALTY RATES (NEW) 333

APPENDIX K ELECTRICAL AND ENERGY ROYALTY RATES (NEW) 369

INDEX 403

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